Phipps v Williams
| Jurisdiction | England & Wales |
| Judgment Date | 19 December 1831 |
| Date | 19 December 1831 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 254
HIGH COURT OF CHANCERY
See proceedings in House of Lords (sub nom. Ackers v. Phipps), 3 Cl. & Fin. 665; 6 E. R. 1586; 9 Bli. (N. S.) 430; 5 E. R. 1353; and (sub nom. Phipps v. Ackers), 3 Cl. & Fin. 702; 6 E. R. 1600; 9 Cl. & Fin. 583; 8 E. R. 539.
Will. Construction. Executory Devise.
[44] phipps v. williams. Dec. 13, 19, 1831. [See proceedings in House of Lords (sub nom. Ackers v. Phipps), 3 Cl. & Fin. 665; 6 E. R. 1586; 9 Bli. (N. S.) 430; 5 E. R. 1353; and (sub nom. Phipps v. Ackers), 3 Cl. & Fin. 702 ; 6 E. R. 1600; 9 Cl. & Fin. 583 ; 8 E. R. 539.] Will. Construction. Executory Devise. Testator devised all his real estates to trustees, in trust to convey his lands in W. to A., when and so soon as he should attain 21, but in case he should die under that age, and without leaving issue, then over; and when B. should attain 24, in trust to convey the rest of the real estates to him, on his giving security for the annuities given by the testator, and executing certain deeds to the satisfactitm of the trustees; but in case B. should die before he attained 24, without leaving issue, then over. A. and B. were both infants at the testator's death. Held, that A. took a vested interest in possession in the lands in W., but that B.'s interest in the rest of the estates was contingent on his attaining 24, and doing the acts required. James Ackers being, as the bill stated, at the time of making his will and of his (1) Affirmed by the Lord Chancellor, 16th Dec. 1833. 5 SIM. 45. PHIPPS V. WILLIAMS 255 death, seised in fee-simple, or otherwise well entitled, to various freehold lands, tenements, chief rents and hereditaments, [45] situate in the county of Lancaster and elsewhere, by his will, dated the 13th of April 1822, and duly executed and attested, directed his debts, funeral expenses, and the charges of the probate and execution of his will to be paid out of his personal estate; and he gave to his wife, Ann Ackers, the use and enjoyment of his capital messuage or dwelling-house, with the land and appurtenances thereunto belonging, situate at Larkhill, within Salford, in the county of Lancaster, which he held by lease under the Earl of Derby, and also the use of his household and other goods, furniture, plate, and certain other articles, which should be found in and about his said dwelling-house at his decease; and, in case of the decease of his wife before his interest in the premises should expire, then he directed that his said dwelling-house, land and premises, and household goods and chattels, should revert to his executors, and be applicable to the purposes of his will thereinafter set forth concerning his personal estate. He then gave several pecuniary legacies, which he directed to be paid upon the expiration of three months after his decease. And he gave and devised all his freehold and copyhold messuages, lands, tenements and moieties, parts and shares of messuages, lands, tenements, rents and hereditaments, whatsoever and wheresoever situate, standing, lying, arising and being, in the United Kingdom, and also all and every his leasehold messuages, lands, tenements, rents and hereditaments, and all other his real and personal estate and effects, not thereinbefore disposed of, unto and to the use of Edward Hobson and Benjamin Williams, their heirs and assigns, and for such other estate or estates as he had therein respectively, according to the nature and quality thereof, [46] upon trust as to his said lands, hereditaments and real estate, that they should keep the same in good repair, and let, set and manage the same to the utmost advantage; and upon further trust, and he thereby directed, that it should be lawful for the trustees, at any time or times after his decease, to sell all or any parts of his said real estates (except the messuage and premises devised to his wife during her interest therein, and also the land, hereditaments and premises thereinafter devised to his godson, George Holland Ackers), and to convey the fee-simple thereof to any person or persons whomsoever, either in parcels for building upon or otherwise improving the same, at such yearly chief or other rents as his trustees should think fit; and that, when any of the said premises should be sold, the rents to be reserved upon such sales should be vested in the trustees upon the trusts in his will expressed concerning his real estate. And he empowered his trustees to exchange any of his said lands and hereditaments for other lands, and to make partition of any lands of which he was joint proprietor: and he directed that the lands to be taken in exchange or divided should become vested in his trustees upon the trusts of his will, and that the monies to arise from the sale or sales of his estates should be added to his personal estate ; and he declared that the receipts of his trustees for such monies should be sufficient discharges to the persons paying the same. And as to, for, and concerning his personal estate, money in the public funds, and money out at interest, securities for money, rents, arrears of rent, goods, chattels and effects of what nature or kind soever not thereinbefore specifically bequeathed, he thereby gave and bequeathed the same, and every part thereof, to the trustees, their executors, administrators and assigns, [47] upon trust, in the first place, to pay thereout to his wife an annuity of £3000 for her life, and a further-annuity of £200 a year, in the event therein mentioned, in lieu of dower and thirds, and all other claims on his property. The will then proceeded thus ;- "And aa to, for, and concerning all my messuages, lands and premises, situate, lying and being in Wheelock, in the county of Chester, purchased by me from Mr. Hillidge and Mr. Lockitt, they, my said trustees and the survivor of them, and the heirs of such survivor, shall stand seised and be possessed thereof, in trust, and to the intent and purpose to assign, convey and assure the same unto my godson, George Holland Ackers, eldest son of my nephew George Ackers, when, and so soon as he, my said godson, shall attain his age of 21 years ; and also do and shall pay unto my said godson, George Holland Ackers, the sum of £7000 of like lawful money, at and upon his attaining his said age of 21 years. But in case my godson, George Holland Ackers, shall depart this life before he attains the said age of 21 years, without leaving issue of his body lawfully to be begotten, then and in such case the said messuages, lands and premises in 256 PHIPPS V. WILLIAMS B SIM. 48. Whealock, aforesaid, hereinbefore given and devised to him, together with the aaid sum of £7000, shall sink into and become part of the residue of my real and personal estate, and go according to the disposition thereof hereafter expressed and contained." " And as to the rest, residue and remainder of my personal estate, not by this my will specifically disposed of, upon trust that they, my said trustees, and the survivor of them, his executors or administrators, do [48] and shall, after payment thereout of all my just debts, funeral and testamentary charges, and all annuities and yearly sums of money and legacies given by this...
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...to A. when and so soon as he should attain 21, but if he died under that age then over, is a vested interest in A. Phipps v. Williams (5 Sim. 44), in like manner, "land to be given to S., who was not to be of age to receive it till 25, and to be entitled to him and his heirs male," was held......
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...relied on :-Hanson v. Graham (6 Ves. 239); Borastaris case (3 Rep. 19); Doe v. Novell (1 Maule & S. 327 ; 5 Dow. 203); Phipps v. Williams (5 Sim. 44); Phipps v. Ackers (2 Clark. & Fin. 665-702; 9 Clark. & Fin. 583 ; 9 Bligh, N. S. 430); Snmv v. [458] PmMen (1 Keen, 196); Riley v. Garnett (3......
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Doe, on the demise of John Dolley, against Ward and Others
...appropriated to the use of such eldest son (though under the direction of trustees) from the death of the widow. In Phipps v. Williams (5 Sim. 44), there were two devises to trustees, one in trust to convey lands to G. H. A., when and so soon as he should attain twenty-one, remainder over i......
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...not of vesting. Mr. Roupell and Mr. Selwyn and Mr. Teed and Mr. Cardwell, for parties in the same interest, referred to Phipps v. Ackers (5 Simons, 44, 3 01. & Fin. 702, and 9 01. & Fin. 583), where a gift to trustees to convey when and so soon as A. should attain twenty-one, with a gift ov......